IN THE HIGH COURT OF PUNJAB AND HARYANA 111 Akbari Parveen Mohammad CORAM: Present:- NIDHI GUPTA J. (Oral) 1. transfer of the respondent Arshad vs. Akbari Parveen Family Court, jurisdiction at 2. i) ii) iii) Transfer Application No.717 of 2026 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application Date of decision :-27.05.2026 Akbari Parveen Versus Mohammad Arshad CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Abdul Aziz, Advocate for Ms. Arzoo Modi, Advocate for the applicant. NIDHI GUPTA J. (Oral) Prayer in this petition filed by applicant transfer of the Civil Suit for Restitution of Conjugal Rights respondent-husband, bearing No. CS/8/2026 Arshad vs. Akbari Parveen” (Annexure P Family Court, Nabha, District Patiala jurisdiction at Malerkotla. Learned counsel for the applicant submits : That the parties were married on Muslim rites and rituals. That a girl child was born out of this wedlock on 07.6.2025, who is in the care and custody applicant. iii) That the applicant-wife is living separately from the respondent-husband and living with her parents at their mercy at Malerkotla. 717 of 2026 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No.717 of 2026 (O & M) .05.2026 …..Applicant …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA r. Abdul Aziz, Advocate for filed by applicant-wife is for Suit for Restitution of Conjugal Rights filed by CS/8/2026 titled as “Mohammad ” (Annexure P-3) pending in the learned to a Court of competent Learned counsel for the applicant submits :- the parties were married on 02.2.2024 according to child was born out of this wedlock on , who is in the care and custody of the wife is living separately from the husband and living with her parents at their VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document iv) v) vi) vii) 3. transfer of the 4. 5. position in such like cases as the present one, is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022 Live Law (SC) 627, wherein the Hon’ble Supreme C Transfer Application No.717 of 2026 (O & M) iv) That the applicant is unemployed, having no source of income as her qualification is only 5 dependent upon her parents and the respondent is not paying anything to her towards maintenance. That the proceedings arising out of : (a) police complaint against the respondent and his family members; and (b) under Section 144 of BNSS filed by the applicant-wife, are pending in the Office/Courts having competent jurisdiction at Malerkotla. vi) That the distance between place of residence of the applicant-wife i.e. Malerkotla proceedings of Civil Suit, filed by the respondent husband, pending before the learned Family Court, Nabha, District Patiala, is about side. vii) That there is no proficient male member in the family of applicant who can accompany her to the Court of proceedings at Nabha, District Patiala It is inter alia on these grounds that applicant transfer of the case, as detailed in para 1 above. I have heard learned counsel for the applicant. Besides the facts as noticed her in such like cases as the present one, is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022 Live Law , wherein the Hon’ble Supreme C “9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Court 717 of 2026 (O & M) 2 That the applicant is unemployed, having no source of as her qualification is only 5th class; and is totally dependent upon her parents and the respondent-husband is not paying anything to her towards maintenance. That the proceedings arising out of :- police complaint against the respondent and his family members; and 144 of BNSS wife, are pending in the SP Courts having competent jurisdiction at That the distance between place of residence of the Malerkotla and the place of , filed by the respondent- husband, pending before the learned Family Court, , is about 40 kilometers on one That there is no proficient male member in the family of applicant who can accompany her to the Court of Nabha, District Patiala. on these grounds that applicant prays for case, as detailed in para 1 above. I have heard learned counsel for the applicant. Besides the facts as noticed hereinabove, the legal in such like cases as the present one, is well established. In this regard, judgment of the Hon’ble Supreme Court rendered in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022 Live Law , wherein the Hon’ble Supreme Court has held as under:- “9. The cardinal principle for exercise of power under section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document 6. “Sumita Singh vs Kumar Kishor Pardeshivs Kishor Babulal Pardeshi”, 2005(12) SCC 237 wherein the Hon’ble Supreme Court has observed that “while deciding the transfer application, the Courts are required to give more weightage and consideration to litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships. 7. aforesaid principle of law. Accordingly, it is well settled that while considering the transfer of a matrimonial dispute/case of the wife, the Court is to consider the fami the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most Transfer Application No.717 of 2026 (O & M) are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wi convenience which must be looked at while considering transfer. 10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.” Further reliance can be placed upon the “Sumita Singh vs Kumar Sanjay”, 2002 SC 396 Kishor Pardeshivs Kishor Babulal Pardeshi”, 2005(12) SCC 237 wherein the Hon’ble Supreme Court has observed that “while deciding the transfer application, the Courts are required to give more weightage and consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships.” Even this Court in number of cases has followed the aforesaid principle of law. Accordingly, it is well settled that while considering the transfer of a matrimonial dispute/case of the wife, the Court is to consider the fami the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most 717 of 2026 (O & M) 3 are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the equent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering 10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions erdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of Further reliance can be placed upon the judgments in Sanjay”, 2002 SC 396 and “Rajani Kishor Pardeshivs Kishor Babulal Pardeshi”, 2005(12) SCC 237, wherein the Hon’ble Supreme Court has observed that “while deciding the transfer application, the Courts are required to give more the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts should desist from putting female Even this Court in number of cases has followed the aforesaid principle of law. Accordingly, it is well settled that while considering the transfer of a matrimonial dispute/case, at the instance of the wife, the Court is to consider the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document important the convenience of the wife i.e. she cannot travel alone without assistance of a male membe the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses. 8. 8. the fact that issuance of notice to the respondent has the consequences of staying further proceedings before the trial Court, otherwise the applicant- transportation expenses and in case, the respondent view of the judgments i.e. Kishor Pardeshi’s (supra) passed by the Hon’ble Supr appropriate to allow the present petition, subject to the following conditions: Transfer Application No.717 of 2026 (O & M) important the convenience of the wife i.e. she cannot travel alone without assistance of a male member of her family, connectivity of the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses. After going through the entire paper the fact that issuance of notice to the respondent has the consequences of staying further proceedings before the trial Court, otherwise the -wife will have to bear the litigation expenses and transportation expenses and in case, notice of motion is issued, even the respondent-husband has to bear the litigation expenses and in view of the judgments i.e. Sumita Singh’s Kishor Pardeshi’s case (supra) and (supra) passed by the Hon’ble Supreme Court, this Court deems it appropriate to allow the present petition, subject to the following conditions:- a) The Civil Suit filed by respondent husband Restitution of the Conjugal Rights CS/8/2026 titled as “ Akbari Parveen”, pending in the learned Family Court, Nabha, District Patiala Court of competent jurisdiction at b) The ld. District Judge, transfer complete record pertaining to the aforesaid case to District Judge, c) The parties are directed to appear before the District & Sessions Judge 23.7.2026. 717 of 2026 (O & M) 4 important the convenience of the wife i.e. she cannot travel alone r of her family, connectivity of the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses. After going through the entire paper-book, considering the fact that issuance of notice to the respondent has the consequences of staying further proceedings before the trial Court, otherwise the wife will have to bear the litigation expenses and notice of motion is issued, even husband has to bear the litigation expenses and in Sumita Singh’s case (supra), Rajani case (supra) and N.C.V. Aishwarya’s case eme Court, this Court deems it appropriate to allow the present petition, subject to the following filed by respondent husband for Restitution of the Conjugal Rights, bearing No. titled as “Mohammad arshad vs. ”, pending in the learned Family Nabha, District Patiala is transferred to a Court of competent jurisdiction at Malerkotla. The ld. District Judge, Patiala is directed to record pertaining to the rict Judge, Malerkotla. The parties are directed to appear before the District & Sessions Judge, Malerkotla on VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document 9. endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties. 10. between the calendar month. 11. this petition, if he intends to contest the same, provided that: 12. ordinate Bench of this Court in Nitin Talwar; TA No. 1322 of 2022, Jasw Transfer Application No.717 of 2026 (O & M) d) The District Judge, Malerkotla petition to the Court of competent jurisdiction The concerned Court at endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement between the parties. The Court concerned, where the litigation between the parties, will accommodate them with one date in one calendar month. However, liberty is granted to the respondent to revive this petition, if he intends to contest the same, provided that: (a) The respondent will clear all arrears of maintenance amount, if any, in terms of any petition filed by the applicant 125 Cr.P.C. or Section 12 of the Domestic Violence Act or Section 24 of the Hindu Marriage Act. (b) The respondent will file an affidavit giving undertaking to pay Rs.1 applicant for attending the Court proceedings at Nabha, District Patiala hearing. (c) The respondent will bring a demand draft of Rs.25,000/-, drawn in favour of applicant, the litigation expenses Nabha, District Patiala to contest this petition. I am supported by the decisions rendered by a Co ordinate Bench of this Court in TA No. 1315/2022, Rohini Arora v Nitin Talwar; TA No. 1322 of 2022, Jasw 717 of 2026 (O & M) 5 Malerkotla will assign the said petition to the Court of competent jurisdiction. t Malerkotla will make all endeavour to refer the case before the Mediation and Conciliation Centre for exploring the possibility of some amicable settlement The Court concerned, where the litigation is pending parties, will accommodate them with one date in one However, liberty is granted to the respondent to revive this petition, if he intends to contest the same, provided that:- The respondent will clear all arrears of ce amount, if any, in terms of any applicant either under Section 125 Cr.P.C. or Section 12 of the Domestic Violence Act or Section 24 of the Hindu Marriage (b) The respondent will file an affidavit giving undertaking to pay Rs.1,000/- per day, to the for attending the Court proceedings at Nabha, District Patiala on each and every date of will bring a demand draft of , drawn in favour of applicant, towards expenses to pursue the case at Nabha, District Patiala in case the respondent opts to contest this petition. I am supported by the decisions rendered by a Co- TA No. 1315/2022, Rohini Arora v Nitin Talwar; TA No. 1322 of 2022, Jaswinder Kaur v VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document Gurvinderjeet Singh Karmajit Singh. 13. disposed of without issuing notice to the respondent, accordingly, in these peculiar circumstances, in order t parties before the District Judge, directed that a copy of this order be sent to the respondent through registered post, besides sending a copy of this order to the District Judges concerned through present in the Court, is directed to ensure her appearance accordingly. May 27, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No Transfer Application No.717 of 2026 (O & M) Gurvinderjeet Singh; and TA No. 1323 of 2022, Usha Rani v Karmajit Singh. As already noticed above, since the petition is being disposed of without issuing notice to the respondent, accordingly, in these peculiar circumstances, in order t parties before the District Judge, Malerkotla directed that a copy of this order be sent to the respondent through registered post, besides sending a copy of this order to the District Judges concerned through e-mail. Applicant through her counsel, present in the Court, is directed to ensure her appearance accordingly. Disposed of. Pending application(s), if any, stands disposed of. , 2026 speaking/reasoned Yes / No Whether Reportable Yes / No 717 of 2026 (O & M) 6 TA No. 1323 of 2022, Usha Rani v As already noticed above, since the petition is being disposed of without issuing notice to the respondent, accordingly, in these peculiar circumstances, in order to ensure appearance of the Malerkotla on 23.7.2026, it is directed that a copy of this order be sent to the respondent through registered post, besides sending a copy of this order to the District mail. Applicant through her counsel, present in the Court, is directed to ensure her appearance accordingly. Pending application(s), if any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.29 09.02 I attest to the accuracy and integrity of this document